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(영문) 수원지방법원 평택지원 2017.05.02 2017고단633
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 27, 2017, the Defendant interfered with his/her duties: (a) was drunkly in the “E main store” operated by the victim D (FI) located in Pyeongtaek-si C on March 27, 2017; (b) without any particular reason, he/she was seated on the table, embling the cro disease, embly embling it, and “C”, with a sound as soon as possible.

Although the victim demanded that the door be closed at 12 times, it continued to stop in the same manner, and remains in the same place of business, even though the police officer dispatched after receiving the victim's report, he/she interfered with the victim's main business operation by force for about 55 minutes, such as lying away, even though the police officer dispatched after receiving the victim's report, he/she was able to invalid home.

2. On March 28, 2017, at around 00:25, the Defendant: G and H, a police officer of Pyeongtaek-gu Police Station F District, a police officer of Pyeongtaek-gu Police Station, dispatched to the Defendant upon receiving a report from 112 at the “E main store” as indicated in the preceding paragraph; however, the Defendant was urged to return home to the Defendant; but the police officer continued to take the Defendant out of the “E main store,” and the Defendant was fluor of the fluor of fluor of a fluor of a bit

“The chest part of the chest part of the above G, as a drinking, has been put on the part of the head of G on one occasion and the part of the chest part of the above G on one hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Despite the long-term history of punishment for crimes such as not paying the drinking value or exercising violence on the grounds of sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and the order to attend lectures, etc., a person is under the influence of alcohol.

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